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HomeMy WebLinkAboutOrdinance 6437 04/18/2022CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (ASSESSOR’S MAP 17-03-25-12, TAX LOT 4400) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on February 1, 2022, said territory being Assessor’s Map Township 17 South, Range 03 West, Section 25, Map 12, Tax Lot 4400, municipally addressed as 2189 Lomond Avenue, which is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, in accordance with SDC 5.7-125.A and ORS 222.111, the property owner initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; WHEREAS, this annexation has been initiated by “more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land” in accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1). All property owners of the subject property filed an application and petition requesting annexation into the City of Springfield; WHEREAS, the territory proposed for annexation is within the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits (SDC 5.7-140.A); WHEREAS, the annexation is consistent with the Springfield 2030 Comprehensive Plan – Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; WHEREAS, in accordance with SDC 5.7-150.A, upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying Low Density Residential (LDR) zoning will be retained; WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director’s recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City; WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director’s recommendation to concurrently withdraw the subject territory from the Rainbow Water District as the Springfield Utility Board (SUB) Water Division will provide water services and Eugene-Springfield Fire will provide fire protection services directly to the area after it is annexed to the City and the withdrawal from the rural service district is in the City’s best interest for the provision of urban services pursuant to Policy 33 of the Springfield 2030 Comprehensive Plan – Urbanization Element; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; WHEREAS, the applicant and City will execute an Annexation Agreement (Exhibit D) that addresses the timing and financial responsibility for provision of public streets, sanitary sewer service, and other necessary utilities to the property, upon City Council approval of the proposed annexation; WHEREAS, on April 4, 2022, the Springfield City Council conducted a public hearing, and then made a decision on the annexation request at the Council’s regular meeting on April 18, 2022. The Springfield City Council is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1 . The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Rainbow Water District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The withdrawal of territory described in Section 2 above from the Rainbow Water District shall become effective July 1, 2023. Section 4. The City Manager or the Development and Public Works Director shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-155. Section 5. Severability Clause. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 6. Effective Date of Ordinance. This Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, upon the date of its filing with the Secretary of State as provided by ORS 222.180, or May 18, 2022, whichever is later. ADOPTED by the Common Council of the City of Springfield this day of , 2022, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of , 2022. Mayor ATTEST: 5029033 City Recorder Ordinance No. 6437 Exhibit A, Page 1 of 2 EXHIBIT A Map and Legal Description PROPERTY REQUESTED FOR ANNEXATION 2189 LOMOND AVENUE -03-14-00, TAX LOT 1500 tğŭĻ 1 ƚŅ 2 Ordinance No. 6437 Exhibit A, Page 2 of 2 tğŭĻ 2 ƚŅ 2 Exhibit B, Page 1 of 14 Exhibit B, Page 1 of 14 Exhibit B, Page 2 of 14 Exhibit B, Page 2 of 14 Exhibit B, Page 3 of 14 Exhibit B, Page 3 of 14 Exhibit B, Page 4 of 14 Exhibit B, Page 4 of 14 Exhibit B, Page 5 of 14 Exhibit B, Page 5 of 14 Exhibit B, Page 6 of 14 Exhibit B, Page 6 of 14 Exhibit B, Page 7 of 14 Exhibit B, Page 7 of 14 Exhibit B, Page 8 of 14 Exhibit B, Page 8 of 14 Exhibit B, Page 9 of 14 Exhibit B, Page 9 of 14 Exhibit B, Page 10 of 14 Exhibit B, Page 10 of 14 Exhibit B, Page 11 of 14 Exhibit B, Page 11 of 14 Exhibit B, Page 12 of 14 Exhibit B, Page 12 of 14 Exhibit B, Page 13 of 14 Exhibit B, Page 13 of 14 Exhibit B, Page 14 of 14 Exhibit B, Page 14 of 14 Exhibit C, Page 1 of 7 TYPEIVANNEXATION STAFFREPORTANDFINDINGS OF FACT FileName:Stewart Annexation Applicant:Tim & Colleen Stewart CaseNumber:811-22-000034-TYP4 City Limits Proposal Location: Annexation Area Annexation Area 2189 Lomond Avenue Map 17-03-25-12, TL 4400 {L9 CurrentZoning& Comprehensive Plan Designation: Low Density Residential (LDR)with the Urbanizable Fringe Overlay (UF-10) ApplicableComprehensivePlan: Metro Planand Springfield 2030 Comprehensive Plan ApplicationSubmittal Date:February 1, 2022 AssociatedApplications:811-21-000271-PRE (Development Issues Meeting); 811-21-000317-PRE (Pre-SubmittalMeeting held December 17, 2021) CITY OFSPRINGFIELDSDEVELOPMENTREVIEW COMMITTEE: POSITIONREVIEW OFNAMEPHONE Project ManagerPlanningMelissa Cariño541.744.4068 Transportation Planning EngineerTransportationMichaelLiebler541.736.1034 PublicWorksCivil EngineerStreetsand UtilitiesClayton McEachern541.726.1036 DeputyFireMarshalFireandLifeSafetyEric Phillips-Meadow541.726.2293 BuildingOfficialBuildingChris Carpenter541.744.4153 ReviewProcess(Springfield Development Code (SDC)5.7-115):The subjectannexationrequestis beingreviewed underTypeIVprocedures,withoutPlanningCommission consideration. DevelopmentIssues Meeting(SDC5.7-120):ADevelopmentIssuesMeeting(DIM)isrequiredofallpublic agency and privatelandowner-initiatedannexation applications, unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on November 16, 2021 (Case 811-21-000271-PRE). Conclusion:Therequirementin SDC5.7-120ismet. Exhibit C, Page 2 of 7 AnnexationInitiationandApplicationSubmittal(SDC5.7-125):InaccordancewithSDC5.7-125.B.2.b.i andORS222.170(1),anannexationapplicationmaybeinitiatedbymorethan halftheownersof landinthe territory,whoalso ownmorethanhalfthelandinthecontiguousterritory andofrealpropertythereinrepresenting morethanhalftheassessedvalueofallrealpropertyinthecontiguousterritoryconsentinwritingtotheannexation oftheirland. Finding: Thepropertyownerswhoownallthelandandrealproperty,andfullassessedvalueofreal propertyinthecontiguous territory,havefiledan applicationandpetitionrequesting annexationtotheCity of Springfield(Attachment2, Exhibit B). Finding: In addition to the petition, the submitted application includes the required documents listed underSDC 5.7-125.B. This includes a Verification of Property Owners signed by the Lane County Department of Assessment and Taxation(Form 1), the Ownership Worksheet (Form 2), and a Waiver Form in accordance with ORS 222.173 (Form 4). Conclusion:TheapplicationrequirementsinSDC5.7-125 havebeenmet. SiteInformation:The subject property, 2189 Lomond Avenue, has an existing residence on site along with a pull rd through driveway with site access from both Lomond Avenue and 23Street. The corner property is located at the rd southwest corner of the Lomond Avenue and 23Streetintersection.The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along its western boundaryand along its northern boundary, across the Lomond Avenue public right-of-way. ZoningforthepropertyisLow Density Residential (LDR)withanUrbanizableFringeOverlay(UF-10)applied .Based on theapplicantsubmittal, the primary purpose of the annexation request is to facilitate connection to the public sanitary sewer system as they plan to renovate and expand the existing residential development on site. A public sanitary sewer line stub is already available at the and would be extended to serve the existing residence.An Annexation Agreement has beensigned by the applicants and is ready for execution bythe City. The Annexation Agreement financial obligations for provision of public streets, utilities, and services to the property. Existing public services are providedtotheannexationarea asfollows: police(LaneCounty Sheriff),schools (SpringfieldSchoolDistrict),roads(City ofSpringfieldand Lane County),andambulance services 1 (Eugene/SpringfieldFire).The applicants currently receive water service and fire protection from the Rainbow Water District; however, the Springfield UtilityBoard(SUB)operatesthe existing electric and waterutility rd infrastructurealong the Lomond Avenue and 23Streetfrontages.Upon annexation,theCityofSpringfieldwillbe responsibleforallurban services, includingsewer,water(through SUB), electricity(through SUB),and police/fire response(through Eugene/Springfield Fire) tothesubjectarea. 2 Theapproximately 40,000 ftproposedannexation areaconsists ofthe 0.25-acre subject property,asegmentof the rd Lomond Avenuepublic right-of-way (ROW),and a small portion of the 23Street ROW. The annexation area that rd includes ROW consists ofthe area of 23Street that abutsthe subject property to the center line of the ROW,and it also comprises of Lomond Avenue ROW from city limits onthe east to the Loch Drive intersection on the west. This annexation area covers the portions of ROW that werenot annexed into city limitswhen the following properties were annexed: 2140, 2148, and 2167Lomond Avenue. Toavoiddisruptions of service areas along the Lomond Avenue ROW, the City included alarger segment of Lomond Avenue intothe annexation area. This segment of Lomond Avenue ROW also includes aCity-owned public sanitary sewer systemas shown in purple onthe top of the next page. Њ ŷĻ ƭǒĬƆĻĭƷ ƦƩƚƦĻƩƷǤ ĭǒƩƩĻƓƷƌǤ ƩĻĭĻźǝĻƭ ĻƒĻƩŭĻƓĭǤ ƭĻƩǝźĭĻƭ ŅƩƚƒ 9ǒŭĻƓĻΉ{ƦƩźƓŭŅźĻƌķ CźƩĻ ƷŷƩƚǒŭŷ ƌƚƓŭΏƭƷğƓķźƓŭ ĭƚƓƷƩğĭƷǒğƌ ğŭƩĻĻƒĻƓƷƭͲ źƓĭƌǒķźƓŭ wğźƓĬƚǞ ‘ğƷĻƩ 5źƭƷƩźĭƷ͵ ŷĻ ƭƷğƓķğƩķƭ ƚŅ ĭƚǝĻƩğŭĻ ĭğƓ ĬĻ ŅƚǒƓķ ŷĻƩĻʹ ŷƷƷƦƭʹΉΉǞǞǞ͵ĻǒŭĻƓĻΏ ƚƩ͵ŭƚǝΉ5ƚĭǒƒĻƓƷ/ĻƓƷĻƩΉźĻǞΉЎЏЏЌЏΉ{ƷğƓķğƩķƭΏƚŅΏwĻƭƦƚƓƭĻΏ/ƚǝĻƩğŭĻΗC—ΏЋЉЋЉͪĬźķLķў Exhibit C, Page 3 of 7 {L9 NoticeRequirements(SDC5.7-130):Consistentwith SDC5.7-130, noticewasprovidedasfollows: Mailed Notice. Noticeoftheannexationapplicationwasmailed March 15, 2022,whichisatleast14 dayspriorto thepublichearing date,totheaffectedproperty owner(s);ownersandoccupantsof propertieslocatedwithin 300 feetoftheperimeteroftheproposedannexationterritory;affected specialdistricts(Rainbow Water District, Eugene/Springfield Fire)andallotherpublicutility providers(Springfield Utility Board, CenturyLink Telecommunications);andtheLaneCounty Land ManagementDivision, LaneCountyElections,andtheLane CountyBoardofCommissioners.The list of recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained as part of the public record for Planning Case 811-22-000034-TYP4. NewspaperNotice. Noticeofthe April 4, 2022,publichearingwaspublishedinTheRegister-Guard on th March 20and 27th. th PostedNotice.A total of 4notices were posted for theApril 4publichearing. Noticewasposted on both th the City of Springfield website and the March 17 st and March 21respectively. Two notices were also posted along the subject property street frontages, with onealong rdst Lomond Avenueand the other along 23StreetonMarch 21. Finding:UponannexationofthesubjectterritorytotheCity,theunderlying Low Density Residential (LDR)zoning willberetained,buttheUrbanizableFringeOverlayDistrict(UF-10)willnolongerapply.Duetothischange, theOregonDepartmentofLandConservationandDevelopment(DLCD)was notifiedinwritingoftheannexation proceedingspriortothepublichearing.NotificationtoDLCDregardingtheproposedannexationwassenton February 4, 2022, meeting the 35-day advance noticeas required. th Finding: Staff did not receive any written commentsfrom the public on this application prior to the April 4City Council meeting. Conclusion:Noticeofthepublichearingwasprovided consistentwith SDC5.7-130. RecommendationtoCityCouncil(SDC5.7-135):TheDirectorshallforwardawrittenrecommendationonthe annexationapplicationtotheCityCouncilbasedontheapprovalcriteriaspecifiedinSection5.7-140,which are providedasfollowswiththeSDCrequirements,findings,andconclusions. TheDirectorsrecommendationfollows SDC5.7-140,Criteria. Criteria(SDC 5.7-140):TheapplicationmaybeapprovedonlyiftheCityCouncilfindsthattheproposal conforms tothefollowingcriteria: A.Theaffectedterritory proposedto beannexediswithintheCitysurban growth boundary;andis 1.Contiguoustothecitylimits;or 2.SeparatedfromtheCityonlybyapublicrightofwayorastream,lake,orotherbodyof water. Finding:Thesubjectannexationterritoryislocatedwithintheacknowledgedurbangrowth boundary(UGB)͵Thepropertyrequestedforannexationabutsthe Springfieldcitylimitsalong itswestern boundary Exhibit C, Page 4 of 7 and northern boundary across the Lomond Avenue public right-of-way.Therefore,thisannexation applicationmeets the statutorydefinition ofcontiguityasfoundinORS 222.111(1). Conclusion:Theproposalmeetsand complieswith criterionA(1), Subsection 5.7-140. B.Theproposedannexationisconsistent withapplicablepoliciesintheMetroPlanand inany applicablerefinementplansorPlanDistricts; Finding:Theannexationareaislocatedwithintheacknowledged Springfield UGBand as more specifically delineated by the Springfield 2030 Comprehensive Plan.TerritorywithinthedelineatedUGBultimatelywillbe withintheCityofSpringfield. Finding:TheSpringfield 2030 Comprehensive Planamends the Eugene-Springfield Metropolitan Area General Plan (Metro Plan)throughadoption of ordinancessince 2011.Volume 1 of the Springfield 2030 Comprehensive Planincludes the following elements: Economic, Residential Land Use & Housing, Recreation, Transportation, and Urbanization. In December 2016, Springfield adopted the Urbanization Element in compliance with Statewide Planning Goal 14, Urbanization.The Urbanization Elementexplicitly retainsthe Metro Planlong-standing urbanization policy criteria for approving annexations. Finding:Theterritoryrequestedforannexationiswithin an areathat is zonedanddesignatedfor Low Density Residential (LDR)use. The adopted elements of the Springfield 2030 ComprehensivePlanapply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. Therearenoproposed changestothecurrentzoningorplandesignation for the property, although the Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Finding:ThecontinuedannexationofpropertiestotheCityofSpringfieldis consistentwithPolicies 27 and 29 of the Springfield 2030 ComprehensivePlan Urbanization Element,whichwillresultintheeliminationofspecial districtswithintheurbanizable area. TheMetroPlanand the Springfield 2030 ComprehensivePlan Urbanization ElementrecognizethatasannexationstotheCityoccur,thespecialdistrictserviceareaswithin the UGB will diminishincrementallyandeventuallywillbedissolved. Finding:Theterritoryrequestedforannexationis currently within the service area ofthe Rainbow Water District. The rural water and fireservicedistricthasaservicearrangementwithEugene/Springfieldforprovisionoffireand emergency medical serviceresponseto unincorporated areasof Springfield. Afterthe public hearing and upon Counciladoptionofthe annexationOrdinance,theannexationareawillbewithdrawnfromtheRainbow Water DistrictconsistentwithORS 222.520and 222.524,andthecombined fire and life safety departments of the Cities ofEugene&Springfieldwillprovidefireprotectionand emergency medical servicedirectlytotheannexation area. Finding: In accordance with Policy 33 of the Springfield 2030 ComprehensivePlan Urbanization Element, SUB is the exclusive water service provider within the Springfield City Limits.SUB will become the direct service provider uponannexation. Finding: In accordance with Policy 34 of the Springfield 2030 ComprehensivePlan Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, thatservice shall be provided by one of the following methods in this priority order:(a)Annexation to City; or(b)Contractual annexation agreements with City.If this annexation request is approvedandthe Annexation Agreement is executed,the subject property will be provided with new urban services such as public sanitary sewerand SUB water service. Finding: In accordance with Policy 35 of the Springfield 2030 ComprehensivePlanUrbanization Element,the City shall not extend water or wastewater service outside city limits to serve aresidence or business without first obtaining a valid annexation petition, a consent to annexagreement, or when a health hazard abatement annexation is required.The property ownersappliedfor annexation to the City (Attachment 2, Exhibit B), and an Annexation Exhibit C, Page 5 of 7 Agreement is already signed by the applicant and isprepared for execution by the Cityin order to connect to the public sanitary sewerandaccess SUB water service(Attachment 2, Exhibit D). Conclusion:Theproposalmeetsand complies with criterion B, SDC 5.7-140. C.Theproposedannexationwillresultinaboundaryinwhichtheminimumlevelofkeyurbanfacilities andservicesasdefinedintheMetro Plancan beprovidedin anorderlyefficientand timelymanner; and Finding:In accordance with Policy 29 of theSpringfield 2030 ComprehensivePlanUrbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery ofCity services in accordance with the Springfield Comprehensive Plan and SpringfieldDevelopment Code. Finding: In accordance with Policy 31 of the Springfield 2030 ComprehensivePlan Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schoolson a districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 ComprehensivePlan Urbanization Element,urban services provided by the City upon annexation to Springfield include storm andsanitary sewer; water; transportation systems; police and fire protection; planning, building,code enforcement and library services; and public infrastructure maintenance of Cityownedor operated facilities. Finding:Theterritoryrequestedforannexation is contiguous with the City Limits along its western boundaryand northern boundary across from the Lomond Avenue public right-of-way (ROW). Urban utilitiesincluding sanitary sewer, electricity, and water service,have been extended within the Lomond AvenueROWand are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urbanservice deliverysystemsare already available and inplace or can be logically extended from points in the vicinity to serve the subject propertyand future development.Inadditiontourbanutilities,thefollowingfacilitiesandservicesare eitheravailableorcanbeextendedtothisannexationarea: WaterAs noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the applicants would be eligible to continue using the existing water connections or extendpublic water lines necessary to serve the subject property.SUB states that there is enough capacity for the existing water connection to serve the current residential use. The applicants musttransfer water service from the Rainbow Water Districtto SUB by July 1, 2023,in accordance with ORS 222.465.(SUB Water Representative: Keoki Lapina, KeokiL@subutil.com) ElectricitySUBprovideselectric servicetothe neighborhoods in Springfield within incorporated areas of Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Existingelectrical systeminfrastructurewithintheLomond AvenuepublicROWwillcontinue to provide service to the subject propertyand continue to be maintained bySUB.The existing infrastructure is designed to meet the capacity needs for residential usesin the vicinity. PoliceServicesSpringfieldPoliceDepartmentcurrentlyprovidesservicetoareasof Springfieldthatare already insidetheCitylimits.TheannexationterritoryiscurrentlywithinthejurisdictionoftheLaneCounty Sheriffs Department.Uponannexation,thisareawillreceiveSpringfieldPoliceservicesonan equalbasiswith other properties insidetheCity. FireandEmergency ServicesFireprotectioniscurrentlyprovidedtotheannexationareabyEugene/Springfield FireDepartmentundercontractwiththe Rainbow Water District.Uponannexation,theEugene/SpringfieldFire Department willprovide fire and emergency services directly tothe subjectterritory. Emergencymedicaltransport(ambulance)servicesareprovidedonaregionalbasisbytheEugene/Springfield Fire Department.Theannexationareawillcontinuetoreceivethisserviceconsistentwiththeadoptedambulance servicearea(ASA)plan.Mutualaidagreements have been adoptedby thethreeregionalASAprovidersto provide Exhibit C, Page 6 of 7 backupcoveragefor each othersjurisdictions. ParksandRecreationParkandrecreationservicesareprovidedbytheWillamalane Park &RecreationDistrict. The park districtoperates severalindoorrecreationfacilities, such asthe WillamalanePark SwimCenter,Lively Park SwimCenter, Bob Keefer Center for Sports and Recreation, and WillamalaneAdultActivity Center. Thepark districtoffersvariousafter-schoolandotherprogramsfor childrenatschools and parksthroughoutthecommunity. Also availableare pathwaysandseveralcategoriesof parks,includingcommunityparks, sportsparks, specialuse parks, and naturalareaparks. ConcurrentwithannexationtotheCity ofSpringfield,thesubjectpropertywillbeannexedtotheWillamalanePark &RecreationDistrictconsistentwithCitypolicy, an intergovernmental agreement between the City of Springfield and Lane County,andtheadoptedWillamalaneComprehensivePlan. Library ServicesUponannexationtotheCity ofSpringfield,thesubjectareawillbeserved bythe SpringfieldPublicLibrary. SchoolsTheSpringfieldSchoolDistrictservesthis areaof Springfield.The Springfield School District has capacity to continue serving the annexation area and its residents in its current configuration. SanitarySewerCurrently, the subject property is served by a septic system.An existing public sanitary sewer system is located in Lomond Avenue. It consists of an 8-12laterals extended to this property and other surrounding properties. City Staff evaluated the Wastewater Master Plan, and using the assumptions provided within, deemed a sewer capacity analysis consistent with EDSPM section 2.02.2 is not required. No future permitteduse would increase demand on the system beyond 5000 gpd or 10% of downstream capacityas planned in the Wastewater Master Plan. StormwaterThesubjectpropertyis not currently served by public stormwatermanagement systems. Extension and expansion of the public stormwater system is not yet planned for this vicinity, and stormwater runoff must be managed and mitigated on site.An existingpublic storm sewersystemis located inthe Lomond AvenueROW, just west of the intersection with Loch Drive. rd StreetsThe Property haslegal and physicalaccess toLomond Avenue.The property also has frontage along23 Street,which is improvedwith curb and gutter.Currently,both streetsprovide adequate accessfor the existing rd residential use.Full improvements toboth Lomond Avenue and 23Streetper clause 1.1.3in thedraftAnnexation Agreementwill be required at time of future developmentconsistentwith zoning. rd As stated earlier, asegmentoftheLomond AvenueROWand a portion of the 23Street ROWis also proposed for annexation. With annexation, the applicants will be responsible for improving the portions of Lomond Avenue rd and 23Streets that abut the subject property asprovided in the Annexation Agreement. SolidWasteManagementTheCityandSanipachaveanexclusivefranchisearrangementforgarbageserviceinside theCitylimits.Upon annexation,solidwastedisposalservicewould beprovided bySanipac. CommunicationFacilitiesVariousproviders, such as CenturyLink,offerbothwiredandwirelesscommunication servicesinthe Eugene-Springfieldmetropolitanarea. Existingprovidersandthoseenteringthemarkethavethe capabilityto provideservicetothisarea. LandUseControlsTheannexationareaiswithinSpringfieldsurbangrowthboundary(UGB).Throughan intergovernmentalagreementbetweenLaneCountyandtheCityofSpringfield,theCityalreadyhasplanning and buildingjurisdictionforunincorporatedareasofSpringfield. TheCitywillcontinuetoadministerlanduse controls afterannexation. Exhibit C, Page 7 of 7 Finding:Theminimumlevelofkeyurbanfacilitiesandservices,asoutlinedintheadoptedMetroPlanand the Springfield 2030 ComprehensivePlan Urbanization Elementareimmediatelyavailableand have the capacityto serve the site. Conclusion:Based on the Findings above, the proposed annexation, if approved, will result in a boundary in which the minimum level of key urban facilities and services can be provided in an orderly efficient and timely manner because of their availability and capacity levels. The proposal complies with criterion C, SDC 5.7-140. D.Whereapplicable,fiscalimpactstotheCity havebeen mitigatedthrough anAnnexationAgreementor othermechanismapproved by theCityCouncil. Finding:AnAnnexationAgreement that outlines the applicantfinancial responsibility for provision of public streets and utilities necessary to serve the propertyis available for review (Attachment 2, Exhibit D).The Annexation Agreement will need to be executed byboththe applicantsand City for the annexation action to be concluded. Upon future developmentand change of use on the subject property, the property owner will be responsible for the cost of constructing thepublic improvements necessary to servethe area.Therefore, any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. Conclusion:Theproposalmeetsand complies with criterionD, Subsection 5.7-140. Withdrawal fromSpecialServiceDistricts(SDC 5.7-160):Withdrawalfrom specialdistrictsmayoccur concurrentlywiththeapprovedannexationOrdinance orafterthe effective date ofthe annexation ofterritorytothe City. TheDirectorshallrecommendtotheCityCouncilforconsiderationofthewithdrawalofthe annexedterritory fromspecialdistrictsasspecifiedinORS222.Indeterminingwhethertowithdrawtheterritory,the CityCouncil shalldeterminewhetherthewithdrawalisinthebestinterestoftheCity.Noticeofthewithdrawalshallbeprovided inthesamemannerastheannexation noticein Section 5.7-150. Finding:Theannexationareaiswithinthedelineatedserviceterritoryofthe Rainbow Water Districtfor water and fire protection service.TheCityofSpringfield,byandthroughtheSpringfieldUtilityBoard,willprovidewater serviceafterannexationby July 1, 2023.ConsistentwithSDC 5.7-160,noticewasprovided,apublichearingwas held,andtheCityCouncildeterminedthatwithdrawalfromtheRainbow Water Districtconcurrently with annexation of the territory to the City of Springfield wasinthebestinterestofthecity.The withdrawal from the Rainbow Water Districtis necessary to implement Policies 31 and 32 of the Springfield 2030 ComprehensivePlan Urbanization Elementwherebyannexation is prioritized for the City of Springfield to provide urban services to its incorporated territory,and existing special service districts within the UGB are to be dissolved over time. Public Hearing(SDC 5.2-100):This annexation request was presented to the City Council at their regular meeting on Monday, April 4, 2022. City Council also conducted a public hearing after the presentation where two nearby neighborsof the subject siteexpressed that they were not speaking for or against the annexation request. Instead, theyshared their concerns about any impacts to their respective propertiesif the annexation request was approved rd by City Council.The neighbors whospoke at the public hearing were(1)Gail Love, 2240 23Street, Springfield; rd and (2)Karen Boden, 2187 N. 23Street, Springfield. Because both speakers did not bring up concerns around the specific annexation criteriaand the subject site, City staffrespondedto them separately about their specific concerns if and when annexation of 2189 Lomond Avenue is approvedby City Council. Exhibit D, Page 1 of 8 Springfield Comprehensive Plan – Urbanization Element Exhibit D, Page 2 of 8 Exhibit D, Page 3 of 8 Exhibit D, Page 4 of 8 Springfield Comprehensive Plan – Urbanization Element Exhibit D, Page 5 of 8 Exhibit D, Page 6 of 8 Exhibit D, Page 7 of 8 } ss Exhibit D, Page 8 of 8